Help on taking an ex-employer to Court

[SpringerSpaniel]

Re: Help on taking an ex-employer to Court

You may want to ask for 2 separate remedies:

i) Specific performance of the statutory obligations re sick pay and holiday pay; and

ii) Damages for any other losses;

as well as iii) Interest on the loss to date; and iv) costs

In an application for SJ, you might get i) but not ii) dealt with summarily. In your application for SJ, when making a witness statement, exhibit any correspondence from HMRC or any other official bodies to your witness statement.

[SpringerSpaniel]

Re: Help on taking an ex-employer to Court

You shouls also bear in mind that the strength of your case is not necessarily directly proportionate to the strenght of your dislike for the other side. Or, 'just because you hate them, it doesn't necessarily mean you'll win'.

[labman]

Re: Help on taking an ex-employer to Court

'Just because you hate them, it doesn't necessarily mean you'll win'.

[Drewdarlow]

Re: Help on taking an ex-employer to Court

Hi Drewdarlow,

Errr...........have you actually read the passage you are hoping to rely on?

Well my thinking was that for most people, a wage is first spent on necessities i.e. food, lodging, etc, and then the rest, if there is any, is to go towards pleasure, or savings (which offers pleasure in security, etc). So not paying me the last £400 out of a £1000 paycheque is possibly something they could reasonably have predicted would deprive me of pleasure?

I know that's a bit tenuous, but as I did expressly warn them that not paying me what I was owed was going to deprive me of the pleasure these funds were to be used for - i.e. my Christmas holiday abroad, and then DID just that, I might be able to claim for distress and inconvenience?

[Drewdarlow]

Re: Help on taking an ex-employer to Court

Was there an actual, quantifiable loss? (Not a speculative 'if I'd have been given the money, I would have used it for a holiday')

The actual loss was the cost of travel to my holiday destination, and the cost of lodgings whilst away, because the holiday was ruined by my having to work in a damn burger bar to make ends meet.

It wasn't a case of I planned to go somewhere, I already had tickets and hotel booked, and the £400 I was owed was my spending money.

[Drewdarlow]

Re: Help on taking an ex-employer to Court

You may want to ask for 2 separate remedies:

i) Specific performance of the statutory obligations re sick pay and holiday pay; and

ii) Damages for any other losses;

as well as iii) Interest on the loss to date; and iv) costs

In an application for SJ, you might get i) but not ii) dealt with summarily. In your application for SJ, when making a witness statement, exhibit any correspondence from HMRC or any other official bodies to your witness statement.

So I guess if I wanted a nice easy through-and-throuh for summary judgement, I should not claim for damages, but ask for all my many hours to be covered at a rate of...hmmh, is it £18 or £30 people?

I think I can show that I spent thirty hours, to include my time trying to get them to pay me, my complaints to ICO and the Inland Revenue, and in bringing the case to Court. Does that sound reasonable?

And...could I ask for my sixty hours or so working in a burger bar whilst on holiday to be covered too? Seeing as this work was undertaken as a direct result of having to because they refused to pay me?

[charitynjw]

Re: Help on taking an ex-employer to Court

Hi Drewdarlow,

You can ask for anything you think is applicable.

It will be for the court to decide whether, in all the circumstances, you are being reasonable.

[Drewdarlow]

Re: Help on taking an ex-employer to Court

If I ask for summary judgement after filing with the County Court Bulk Centre, as soon as the other side lodges a defence, will it be sent to my local court or dealt with in Middlesbrough?

[labman]

Re: Help on taking an ex-employer to Court

You may be able to go for what you want, but I'd still say £18.00

[MissFM]

Re: Help on taking an ex-employer to Court

Unless you can demonstrate that you would normally earn more than £18 per hour then it's £18 for your work as LIP even if you normally earn less . You would be wise to provide credible documentary evidence of everything you want to claim otherwise it looks as if you're taking the pi$$, which won't endear you to the courts:tinysmile_kiss_t4:

[enquirer]

Re: Help on taking an ex-employer to Court

They offered me £200 for the documents back to properly redact them in a WITHOUT PREJUDICE offer. I

can show the breaches of DPA, via the ICO findings letter (they denied all things about my subject access report to me, yet when it came to speak to the ICO, they admitted everything. [...] So then I spoke to the Inland Revenue who ordered them to pay the SSP.

The above items are not immediately relevent, but they do form a necessary part of the chronology. They also serve to thoroughly discredit the defendant. Make sure your refer to them in your claim.

They are still refusing to pay the holiday pay owed, to this day, despite my contract stating I am owed it [...]

I am taking them to Court for Breach Of Contract.

If your interpretation of the contract is correct, this is the way to go.

I want to send a claim, wait for the defence, and then ask for Summary Judgement for my costs in time in all this - before litigation and then having to take them to Court, as well as the holiday pay I am owed and loss of chance costs...should run to a big amount...I don't think they have a leg to stand on and I think a Judge would agree...

Unlikely - they have the right to defend themselves.

If you win, it will be what you are owed, plus costs. You may get a bit more for the aggravation, but it won't be great deal. File a good, well written claim. That may prompt an offer in settlement.

[smileyculture]

Re: Help on taking an ex-employer to Court

As an LIP, if you win, you are allowed to employ a solicitor to work out your costs, which will be added and included in costs. Have you started this action drew?

[charitynjw]

Re: Help on taking an ex-employer to Court

As an LIP, if you win, you are allowed to employ a solicitor to work out your costs, which will be added and included in costs. Have you started this action drew?

With due regard to the Overriding Objective, it will be for the court to decide what costs, if any, are appropriate & proportional to the case.

[smileyculture]

Re: Help on taking an ex-employer to Court

I can only ask again if this case is proceeding as I have found it is not a straight forward process, even I am being stalled at the moment but that will change.

[teaboy2]

Re: Help on taking an ex-employer to Court

Ok so you have 1 breach of the employment rights act 1996. That being a breach of the following:

1. Section 13: 13 Right not to suffer unauthorised deductions. - This includes withholding wages that are due to the employee.

You have breaches in the Social Security Contributions and Benefits Act 1992:

1. Section 31: Sickness benefit - The minimum allowed is 1/6 of your weekly pay, though the first 3 days of sick leave are not counted. However if your contract says differently and offers you more as part of a company sick pay scheme, then they must pay you sick pay in accordance with the terms of the contract if you qualify for the company sick pay scheme, if you do not qualify then they must pay you according to section 31 of the Social Security Contributions and Benefits Act 1992.

Failure to pay your wages or sick pay, is both a breach of contract and a breach of the above legislations.

You would be entitled to claim in county court for breach of statutory entitlements named above and breach of contract, along with for financial deteriment caused (i.e. unable to pay bills, damage to credit rating as a result etc) as well as for distress and losses that you would not have incurred if they had paid you as per the law, such losses could be damages payable for you as a result of you not being able to have the Christmas you would have had should they have paid you. I.e. couldn't buy present for your kids that they wanted, causing them to suffer as a result of the employers actions.

But best thing to do is work out your losses seperately for SSP and Holiday entitlement plus 8% interest, and claim them only but seek damages for the finanical deterrent and distress etc as a lump sum also. Court Costs are worked out later. You can also claim damages for the breach of Data Protection Act 1998 also and your costs incurred communicating with them to try and resolve the matter amicably.

Then simply send your former employer a letter before action detailing want your claiming and what laws they have breach and the losses and distress it has coursed you in a clear and straight to the point precise manner. Then give them 14 days to pay you in full what they owe you as well as pay you for your losses in regards cost incurred by you trying to get them to settle up. Make it clear that legal action will commence without further notice if they do not satisfy your demands or offer a satisfactory counter proposal to you with in the time limit given.

Note, even though you were on sick - Those weeks you were on sick still count towards your accrued holiday entitlement.

Have you a copy of your contract?